hi guys! i have this issue and i dont know where to start? First, i am working as a live in caregiver here in Canada, BC to be specific for 7 mos. and want to file for divorce. however , i got married in phils. and we where 4 years separated and i dont know what to do if am i going to file for divorce or annulment? My plan is i want that my status would be change before im going to apply for my open visa. so i wont consider my spouse in my application. Please do enlighten me what to do and what would be the first step. Thank you
annulment or divorce which is faster and easier??
- Thread starter epol
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loolo
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You didn't tell us for how long you were married and if the marriage was consumated. If it wasn't then you can annul but if it was consumated then you obviously have to get divorced in the country you got married.
Loolo
Loolo
Divorce is not an option in the Philippines. As for getting it annulled, the only thing I have heard about that in the Philippines is that it's hard to get it done.
The immigration website actually has this clause on divorce, see http://www.cic.gc.ca/english/newcomers/before-marriage.asp
It says that you can divorce in Canada if you have lived in Canada for more than a year and are separated from your husband for more than a year, even if you did not marry him in Canada. Therefore, wait until you are in Canada for 1 year, then file for divorce.
However, keep in mind that although you will be divorced under Canadian law and towards immigration, the Philippines may still see you as married so if you want to get married again, you should not do it there because you may be in violation of the law.
The immigration website actually has this clause on divorce, see http://www.cic.gc.ca/english/newcomers/before-marriage.asp
It says that you can divorce in Canada if you have lived in Canada for more than a year and are separated from your husband for more than a year, even if you did not marry him in Canada. Therefore, wait until you are in Canada for 1 year, then file for divorce.
However, keep in mind that although you will be divorced under Canadian law and towards immigration, the Philippines may still see you as married so if you want to get married again, you should not do it there because you may be in violation of the law.
Annulments are also very difficult to prove - there must be a fault. Divorce offers no fault, which means no airing your dirty laundry. This was advice given to me by a lawyer. It's best to wait for the divorce.
Also don't have your husband examined. That will make it impossible for you to sponsor him.
Also don't have your husband examined. That will make it impossible for you to sponsor him.
Divorce. Annulment is a long and tedious process and expensive too. Separation can a reason for divorce.
epol said:
loolo said:
hi Loolo, ive been married for 4 years. yes it is consumated, and my country doesnt allow divorce, my point here is im living and working in canada and i want to be annuled(in my country) however obviously im living here so i dont know what would be look like if im gonna file a divorce here so are they gonna allow it in my country of origin.. thanks for your reply i genuinely appreciate it so much
If you think you have a chance to get an annulment, you can try that first. If it doesn't work, then you can file for divorce in Canada, that is once you have been living in Canada for at least 1 year. If you get the annulment, it will be good in the Philippines and Canada. If you get the divorce in Canada, it will be accepted in Canada and most other countries but probably not in the Philippines. Towards Canada immigration you would be divorced though and do not have to include your husband on your PR application.
hi leon! we all know annulment is sick in the Philippines, effort, money, waste of time is the most common factor why lots of filipino is just separated and never married again because of that. thanks a lot for the advice, appreciate it so much, give me a wide knowledge how to start and get rid of my ex. Cheers!Leon said:
Here is a general information page about divorce in BC:
http://www.ag.gov.bc.ca/family-justice/law/sep_div/index.htm
Here is a guide to do-it-yourself divorces - Note this only works if your husband agrees to the divorce. If you think he will protest or fight, do not use this. Consult a lawyer:
http://www.familylaw.lss.bc.ca/guides/divorce/
Here is information on the fees:
http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_intro.php#courtFees
If your husband fights the divorce, you should get a lawyer. There's no way to predict what that would cost.
Depending on where you live in BC, there may be a women's immigrant group that would help you with your divorce papers. You can find one online by searching your city name and "women's immigrant group." They are usually income based, meaning they will need to see paystubs to determine you're eligibile for help.
As I've said before, by simply not icluding your husband on your permanent resident application (after two years of LCP), your husband will automatically be denied Family Class immigration. If you can't afford the divorce right now, just don't include him on your application. You can say you are separated and don't get his papers or medicals done. It's as easy as ignoring him. (Don't say you're single, lying can get you banned.)
http://www.ag.gov.bc.ca/family-justice/law/sep_div/index.htm
Here is a guide to do-it-yourself divorces - Note this only works if your husband agrees to the divorce. If you think he will protest or fight, do not use this. Consult a lawyer:
http://www.familylaw.lss.bc.ca/guides/divorce/
Here is information on the fees:
http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_intro.php#courtFees
If your husband fights the divorce, you should get a lawyer. There's no way to predict what that would cost.
Depending on where you live in BC, there may be a women's immigrant group that would help you with your divorce papers. You can find one online by searching your city name and "women's immigrant group." They are usually income based, meaning they will need to see paystubs to determine you're eligibile for help.
As I've said before, by simply not icluding your husband on your permanent resident application (after two years of LCP), your husband will automatically be denied Family Class immigration. If you can't afford the divorce right now, just don't include him on your application. You can say you are separated and don't get his papers or medicals done. It's as easy as ignoring him. (Don't say you're single, lying can get you banned.)
amikety said:
It may not be as simple as just not including him. Read http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf starting on page 11. It does allow people to exclude separated spouses and children they do not have custody of from the family class but I know with children, it is very hard to achieve that. Applicants really have to prove that the exhausted all avenues in getting the children examined before they are allowed to exclude them from the application. I don't know if it is equally hard with spouses but it is possible that immigration will pester her to get the ex examined and listed as not accompanying. It is better to get divorced from him. In any case, she has a lot of time because she has only been in Canada for 7 months so it is still at least 5 months until she can file for divorce and 17 months until she can apply for PR.